DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gatton Kindergarten Association Incorporated T/A Gatton Kindergarten
(AG2016/1342)

GATTON KINDERGARTEN EARLY CHILDHOOD ENTERPRISE AGREEMENT 2016

Educational services
DEPUTY PRESIDENT DEAN	SYDNEY, 30 JUNE 2016

Application for approval of the Gatton Kindergarten Early Childhood Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Gatton Kindergarten Early Childhood Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gatton Kindergarten Association Incorporated t/a Gatton Kindergarten. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 7 July 2016. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Gatton Kindergarten Association Incorporated, trading as Gatton Kindergarten, applied to the Fair Work Commission for the approval of the Gatton Kindergarten Early Childhood Enterprise Agreement 2016. The application was made under section 230 of the Fair Work Act 2009. The dispute centred on whether the agreement met the legal criteria for approval, including whether it provided for a fair and efficient enterprise bargaining process and the rights and obligations of the parties involved.

The Commission examined whether the agreement adequately addressed the terms and conditions of employment, including wages, hours of work, and other employment-related matters, in a manner that was consistent with the principles of fairness and efficiency. Additionally, the Commission considered whether the agreement complied with the statutory requirements set out in the Fair Work Act, particularly in relation to the process by which it was negotiated and the protections it provided to employees.

In determining the application, the Commission found that the Gatton Kindergarten Early Childhood Enterprise Agreement 2016 met the statutory criteria for approval. The Commission concluded that the agreement provided for a fair and efficient enterprise bargaining process and appropriately addressed the terms and conditions of employment. The Commission was satisfied that the agreement complied with all relevant provisions of the Fair Work Act and provided adequate protections for employees.

The Fair Work Commission approved the Gatton Kindergarten Early Childhood Enterprise Agreement 2016, effective from the date of the decision. The approval is subject to the conditions and limitations set out in the decision and is binding on all parties covered by the agreement.

Gatton Kindergarten Association Incorporated T/A Gatton Kindergarten

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established